Do I have to serve my spouse divorce papers?
Divorces are extremely stressful. Especially when one spouse disagrees with the divorce. It can make the divorce process much more complicated and time-consuming. No matter what state you live in, spouses who are seeking a divorce are required to file a divorce petition and serve their spouse with divorce paperwork. This legally gives your spouse notice. If you fail to notify your spouse, the court will dismiss your case as they cannot issue any orders. In New York, once you file a divorce petition, you have 120 days from that date to serve your partner with divorce paperwork. If divorce is imminent, contact an experienced Nassau County Divorce Attorney who can help you successfully serve divorce papers to your spouse.
How do I serve my ex divorce papers?
Invidividuals must serve their ex divorce papers by using a process server or by mail. Individuals may only deliver their divorce papers via mail if their spouse agrees. If their spouse agrees they can mail their divorce papers. Alongside their divorce paperwork, a Notice of Acknowledgement and Receipt (NOA) must be filed. This is a separate form of paperwork your spouse must sign and give to your server. NOA informs the courts that your spouse has been notified and has received the necessary divorce paperwork. Once both of these tasks have been completed, the server has to file both proof of service and NOA with the court.
Should I hire a process server?
In certain cases, one spouse may contest the divorce. If this is the case, they may make communicating difficult which could prolong the legal process. They may go to great lengths to prevent being served. However, to help this situation individuals could hire a professional process server. The cost of hiring a process server can range from $100 to $300. If you are looking for a cheaper option, have someone you know serve your partner. Whoever serves your divorce papers must be a New York resident and are 18 years old or older. However, in some cases, it may be better to have someone unrelated to you deliver the paperwork. Serving your partner may take a couple of attempts depending on the circumstances. They can be served anywhere including at work.
If you do hire a process server they will find your spouse and serve them. In certain cases, spouses will attempt to hide or make themselves hard to find to evade being served. However, the process server will make several attempts. It is important to provide a process server with a recent photograph of your spouse. Any other relevant personal information should also be provided such as their home and work address. This will help them serve your spouse. When the job is complete the process server will have to create a proof of service. This will then be filed with the court for them to proceed with your case.
If you have an impending divorce, reach out to one of our skilled and knowledgeable team members. Our firm can help you successfully serve your spouse with divorce paperwork. We are committed to helping our clients.